Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1887-02-11

As Vas risishsa 'xsuassasy = Asssnoo.,
ana Assohed ~ Was Exescssd ,s !
vsrdist Of 4 Asquataua. s@ II VIZ
Court rsconvsasd 81 so,slock ,sseu.
oey afternooa with Ohief Justios Gone
eys and AaeociAts Judea Wootten
nno hosston On ~ 6speh. Aftsr
sne oPenine Dsputv Ateosn6y General
,csses soonitesd . number OF points OF
Isw 70 TIE court. on which he asked
tnAs tne Jury should be charged. He
eonciuded q . 20 O'Clock, and vas fol.
loved oy Mr.. Bacon, Who made The
opsnisG Argument TO the Jury Tor the
osIenee. M. Bacon spoke until 8 As
o'clock, and when be nnished NJ.
Turner nAds the closing argument and
did not ooncluds until 4 20 o'clock.
Attorney General Psyntsr made the
closiDg argument for the State. and aid
not concluds until 5l5 O'Clock. when
we jury was charged By the Ohisf
He said to constitute murder OF the
nrse degree IL must be shown that there
wAs malice, or . design TO kill, and that
inc perpetrator had used . deadly
weapon. In oil cases Of murder, whsre
deadly weapon 10 used, the State pro
supposes malice. Before man can be
convicted OF murder Of tho first degree
u had to DO shown that the slayer In.
tended 10 kill his victim. In this case
it must be shown beyond . doubt that
Il blow wAs INFLICTED on the decease d
the prisoner was the ono who did II.
The burden OF proof rests upon the
Dtaes. and IL WAS fos the jury 70 sAvya1
the testimony WAS sum Client TO Justify
them, without , reasonable doubt, thai
the prisoner 10 guilty - In manner and
form Indicted. The law divides homi.
eide into three cases, murder of the
hrst and second degrees and man.
slaughter.
To reduce murder tc the last grade, II
must DO shown that the crime was com
mitted In hot blood, but ~ no evidence
hsd been produced to show that the
prisoner had any Altercatioa with the
deceasod, the jury had nothing TO dc
with granddaughter, and II the prisoner
Was guilty of anything he was guilty
OF murder In the first or second degree.
He said that no evidence had been OF
Tered to show that the prisoner had
struck tho fatal blow, and referred "a
the fact that considerable stress had
boen laid on the circumstance Of the
prisoner bluAhing when he WAS accused
OF the crime, but thought that was in
his favor, ~ 10 was we'll known that
when murderer is confronted with the
charge he Ii more apt to turn pale than
70 blush. In conclusion. he referred TO
the evidence Of good character which
had been presented, and said that II
was entitled to due consideration by
tho jury.
The Jury retired ~ 5 IS o'clook, when
the prisoner WAS removed from the dock
and taken down to the basement. He
however was not permitted TO remain
long, ~ at 8 OF O'Clock the Jury came
In, when he was agAin brought mp and
returned 10 the dock. As Clerk Ooch-
ran called the names of the Jurors, there
was m almost deathlike stiffness In the
Court room, which seemed intensified
when the Jury In reply to the clerk d
question stated that they had agreed
upon verdict. The eyes Of the priso.
ner were fixed upon the men, who fol
several hours had held his life In their
hands. - the clerk asked, How say
You, gentlemen, do you find Robert
Elliott the prisoner Ut the bar guilty u
In manner and form indicted, or not
guilty." when the foreman who had
risen 10 his feet answered, mot guilty
The Chief Jcstice thea addressed tht
prisoner and warned him to beware OF
bad company, and to remain away from
saloons.
He was then told that he was free Il
70 where he pleased, and as he limped
on his crutches from the dock was sur
rounded by his friends, who rendered
their congratulations.
Peter Cooper, colored, who had plead
guilty to having received the money
stolen BY the boy Waters from Alex
ander wellington, was sentenced to pay
the coats, e14 restitution money, be i'm
prisoned six months and on Saturday
stand ono honr In the pillory.
A jury WAS then drawn on the cas-,
Of Patrick Newell vs.. Peter j. Ford
and when this was completed Cour
took recess until Z 80 O'Clock.
When Court re-asse N b. ed In the even
Ing the case Was taken up and Is as fol
lows:
In April, 1888, Newell bought hors.
cart and harness of Ford for $3.50, Civ
ing Judgment bond for SIX months II
pay ment. About six weeks after ward
49, AcADo - 80 oto.Nn hAoaA 4N0WFii 0uA
taken to Seaford. The chief of polio,
vas oft red $50 reward for Its recovery
Newell informed Ford OF his loss snt
went to Philadelphia to work. After
wards the horse was recovered and
Ford paid the chief of police $50 for hi,
trouble and expenses and took posses
sion Of the property. Afterwsrd Newell
returned to this CITY, and on Novemb bel
81 made . formal demand upon Ford
for the property, under advice Of coun
sol. He recovered It and afterward
sold 1t for $50. This suit IL brought by
Newell 10 recover the differences in the
Value of the property between what he
paid and what he sold 1t for, and fol
the wages that the horse and cart would
have earned during the time It was held
BY Ford.
Several Witnesses were examined, and
tho case will probably be given to the
jury this morning.